A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-4-10, relating
to establishing a uniform course completion policy for certain
higher education students performing certain military service.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-4-10, to read as
follows:

ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-10. Course completion policy for students called to military duty.

(a) The commission and council jointly shall establish and
implement a uniform course completion policy for state institutions
of higher education under their respective jurisdictions for
students enrolled at the institutions who are called to military
duty.

(1) The policy shall be as uniform as is practicable among the
institutions, taking into consideration the unique conditions or
circumstances of each institution.

(2) The goal of the policy is to ensure that enrolled students
who are called to military duty are afforded a fair and efficient
procedure of withdrawing from classes, completing course work or
securing a leave of absence from course attendance, when feasible,
while also maintaining the academic integrity of the course work
and in a manner that is reasonably accommodating to the student
under the circumstances.

(3) The commission and council shall consider and include the
following elements when developing the policy:

(A) Discipline appropriate options allowing a student to: (i)
Withdraw from courses without penalty; (ii) earn credit for work
completed in a course; (iii) receive an incomplete grade and make
up the course work at a later time; or (iv) secure a leave of
absence from course attendance;

(B) For students who withdraw from classes during an academic
term who do not receive full credit for completing classes in which
they are enrolled, a full or partial refund of tuition, fees and
room and board fees paid to the institution; and

(C) Such other measures as the commission and council consider
necessary or effective to support, accommodate and encourage the
students to continue and successfully complete their education
programs.

(b) The policy developed by the commission and council does
not supercede or conflict with the educational leave of absence for
active duty provisions for National Guard or other reserve
components of the Armed Forces set forth in section one-a, article
one-f, chapter fifteen of this code for students who are subject to
that section and does not supercede or conflict with applicable
federal laws, rules or regulations.

(c) As used in this section, “called to military duty” means
called or ordered to state or federal active service, inactive-duty
training or annual training in any active duty or reserve component
of the Armed Forces of the United States or of the National Guard
of this state or any other state.